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Grain Belt Express Moving Forward With Eminent Domain Threats

6/29/2021

1 Comment

 
Picture
There, fixed the headline of this awful article on NPR that proclaims, "Grain Belt Express Moving Forward With Land Purchases."  How is it that this reporter gets everything wrong?  And I do mean everything.  I'm not sure there's even one sentence in this "news" article that is factual.  It's nothing but Invenergy's propaganda, and this lazy reporter bought it hook, line and sinker.  He did not talk to any other sources to verify any of the information he was given.  Did he learn that at journalism school?  Did he even earn a degree in journalism?  Or did he get a degree in political schmoozing?  Did he develop the lazy habit of simply reprinting corporate propaganda because it was quick and convenient?

Here's where the facts don't support the narrative in the article:
A project to generate electricity using wind turbines in Kansas and distribute the power in the Midwest and east coast is moving forward.
Invenergy has purchased nearly half of the land it needs in northern Missouri for the construction project that will begin in earnest in 2023. All of those deals have been the product of voluntary negotiations with landowners willing to sell, according to the company, although Invenergy could have used eminent domain to acquire the land.
Moving forward?  What does that even mean?  It's not fully permitted, it has no interconnection agreement to connect to the rest of the grid, and it has no customers.  It's been that way for pretty much the last decade.  It's not moving anywhere.

I seriously doubt that Invenergy has purchased nearly half the land it needs in northern Missouri.  Qu'est-ce que c'est "nearly," Invenergy?  Wasn't it something like 45% of the land in both Kansas and Missouri in Invenergy's recent letter to landowners (with nearly all of it in Kansas)?  So, 45% is "nearly" half?  Nearly only counts in horseshoes and hand grenades, Invenergy.  Did Invenergy really make this claim, or did the reporter misunderstand the information he was given and Invenergy hasn't bothered to correct him because they *like* the misinformation being presented?

What is "earnest" construction?  Is that unlike GBE's current quasi-construction on property purchased outright in order to avoid time and other constraints placed on its permit by the MO PSC in order to "protect" landowners?  Invenergy is currently engaged in apathetically building a bridge to nowhere.  Fact:  Invenergy won't be building anything anywhere until it is fully permitted, has interconnection agreements, and enough customers to make the line economic (GBE's loss leader pricing to Missouri municipalities doesn't count).

Voluntary?  Didn't use eminent domain to acquire land? 

***BREAKING NEWS FLASH for Reporter Ahl***

Invenergy has been sending a vaguely threatening letter to all landowners who refuse to sign.  It says
In certain circumstances, for example when landowners have stated their intention not to
engage in a voluntary negotiation process or have repeatedly refused attempts to be contacted by the Project, the only option available to Grain Belt Express is to pursue a legal proceeding for right-of-way acquisition. Missouri law requires landowners be notified in writing no less than 60 days in advance of the intended initiation of any right-of-way acquisition legal proceeding. Kansas has no prior notice requirement, however the Project intends to inform landowners prior to beginning any legal proceedings. To be clear, this letter is being mailed to all landowners for informational purposes and does not constitute such notice.
That sort of looks like a threat of eminent domain action to me.  I suspect that's Invenergy's intention as well.  You can take your "voluntary" and "willing to sell" and line the manure pit with it.  Landowners are being coerced to sign agreements under threat of eminent domain.

And if that's not factual enough, perhaps Ahl might be interested in one of the actual 60-day condemnation notices being sent to "selected" landowners?  These notices say:
If we are not able to come to terms on an easement agreement within 60 days of this letter, Grain Belt intends to file a condemnation action regarding the referenced property.
Any easement acquired as the result of this letter is in no way a voluntary action by a landowner willing to sell.  It's just another threat, this one more ominous.

Will Invenergy actually file on day 61?  We haven't quite gotten there yet, and the letter only says it will file, not when.  Both letters also sort of insinuate that the condemnation filing ends negotiations and sets the price.  In my experience, the condemnation filing was only the beginning of serious negotiation to acquire property.  The condemning entity would most likely rather not have to engage in the whole process and be willing to settle just to prevent a price for your property being set by a board of your landowning neighbors.  In fact, the letter itself says:
As it relates to the proposed acquisition, under the Missouri law, you have the right to:

b. Make a counteroffer and engage in further negotiations;
The list of landowner rights after condemnation is filed are required to be included in the letter under state law.  Landowners have plenty of leverage and can settle at any time, not just before condemnation is filed.  Maybe Invenergy isn't going to make condemnation filings until some time down the road when it has county assents, a permit in Illinois, interconnection agreements, and customers to pay for the project?  I dunno... just trying to apply a little logic because Invenergy's land acquisition cart is way ahead of its project pony.  I wonder why Invenergy is so interested in signing "voluntary" easements  for a project that is years away from actual construction?  Something smells here...

Maybe it's this?
The issue could come up again next year, but Luckey said the company isn’t concerned with that, as Invenergy is open to talking with lawmakers.
“It’s about coming to the table and letting them know we respect their point of view and the constituents they represent,” Luckey said. “We want to be a partner with them, and we are going to continue education and outreach with citizens and lawmakers.”
Coming to the table with legislators and playing a little footsie?  Respect must be earned.  Everyone knows those legislators are not acting in the best interests of their Missouri constituents, but in the interest of an out-of-state company's profits.  Missourians will vote accordingly.

And then there's this bold faced lie:
Luckey said linking the Grain Belt Express to the power grid could have helped avoid the massive power outage Texas experienced in February.
“The line would have made it possible to import substantial amounts of excess electricity to supply from other regions to address those outages,” Luckey said.

Except Texas has its own grid that is not connected to the rest of us.  They like it that way so they can control their own energy policy and avoid federal meddling.  Texas can't import anything from Grain Belt Express or anyone else, and that's not going to change. 

And let's end with this, which indicates that Invenergy's broadband promises may be going the way of the monopole... just an empty promise that falls to the wayside in order to increase Invenergy's profits.
Invenergy also lists benefits to Missouri including  the possibility of using the infrastructure to improve broadband internet connectivity to underserved areas.
Possibility?  Seems like it's getting less possible as time goes on.  When are Missouri legislators going to wake up and realize they're being played for fools?

This is possibly the worst reporting on GBE... ever.
1 Comment
SMH
6/30/2021 08:54:51 am

When did NPR become a corporate messenger?

They don't serve the public any longer. They have a bald political agenda.

Stop funding this political cesspool!

Reply



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    About the Author

    Keryn Newman blogs here at StopPATH WV about energy issues, transmission policy, misguided regulation, our greedy energy companies and their corporate spin.
    In 2008, AEP & Allegheny Energy's PATH joint venture used their transmission line routing etch-a-sketch to draw a 765kV line across the street from her house. Oooops! And the rest is history.

    About
    StopPATH Blog

    StopPATH Blog began as a forum for information and opinion about the PATH transmission project.  The PATH project was abandoned in 2012, however, this blog was not.

    StopPATH Blog continues to bring you energy policy news and opinion from a consumer's point of view.  If it's sometimes snarky and oftentimes irreverent, just remember that the truth isn't pretty.  People come here because they want the truth, instead of the usual dreadful lies this industry continues to tell itself.  If you keep reading, I'll keep writing.


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